In Re Allen

Sentenced to consecutive terms on two felony convictions, petitioner and a codefendant entered prison September 12, 1960. Information, verdict and judgment all describe the offenses as (1) “conspiracy to commit the crime of theft” (Pen. Code, § 182.4), and (2) “attempted grand theft” (Pen. Code, §§ 664 and 487.1). On March 26, 1963, the Adult Authority fixed petitioner’s consecutive terms at two years nine months and five years. He was paroled April 19, 1963, but parole was cancelled March 5,1964, and his terms refixed at maximum.

His petition for habeas corpus asserts that he is being…